You are on page 1of 8

contingent contract 18. 5.

Contingent contract to do or not to do anything, if


an impossible event happens, are void, whether or not
the fact is known to the parties (Sec.36).
1. Contingent Contract Definition. 19. A contract to pay B a sum of money, if B marries C.
2. Contingent Contract is a contract in which a promise C died without being married to B.
is conditional and the contract shall be perform only The contract becomes void. Back
on the happening or not happening of some future
uncertain event. Section 31 of the Contract Act AGENCY
defines a contingent contract as “A contract to do or 1. Definition of Agency “Agency is a contractual
not to do something, if some event, collateral to such relation between two parties created by agreement
contract does or does not happen.” E.g.: A contracts express or implied”. The relationship of agency arises
to pay B Rs.10,000 if B’s house is burnt. This is a whenever one person called Agent has authority to act
contingent contract. on behalf of another called Principal.
2. Essentials of contract of Agency
3. Essential Characteristics
3. 1. The relationship of an agency is based upon a
4. There should be existence of a contingency;
contract
5. happening or non-happening of some event in future.
6. The contract is contingent on the happening or the 4. .2. The contract may be either express or implied.
5. 3. There should be the appointment of an agent by the
non-happening of a certain event. The said events can
principal.
be precedent or subsequent to the contract.
6. 4. The person employing the agent must himself have
7. Contingency must be uncertain.
legal capacity or to be competent to do the act for
8. If the event is sure to happen, then the contract is due
to be performed. This is not a contingent contract. which he employs the agent
7. .5. The principal should confer authority on the agent
The event should be uncertain.
to act for him.
9. The event must be collateral
8. 6. Relationship of the agency is based on confidence
10. It is important that the event is not a part of the
between the principal and the agent.
contract. It cannot be the performance promised or a
9. 7. A contract of agency requires no consideration (sec
consideration for a promise.
185)
11. incidental to the contract.
10. Classification of Agents
12. The event cannot be a wish of the promisor.
11. 1. On the basis of authority
13. Rules regarding or Enforcement of Contingent
12. Express or implied agents
Contracts
13. General, specific or universal agents
14. 1.Contingent contracts dependent on the happening
14. Agent or Sub-Agent
of an uncertain future event cannot be enforced until
15. 2. On the basis of nature of work
the event has happen. If the event becomes impossible
16. Mercantile agent
such contract becomes void (Sec. 32).
17. Non-mercantile agent
15. 2. Contingent contract to do or not to do anything, if
18. RIGHTS, DUTIES AND LIABILITIES OF AN
an uncertain future event does not happen, can be
AGENT
enforced when the happening of that event becomes
19. Rights of an Agent:
impossible, and not before. (Sec.33).
20. 1. An agent is entitled to receive agreed remuneration.
16. 3. If any contract is contingent upon how a person will
In the absence of any special contract, payment for
act at an unspecified time, the event shall be
the performance of any act is not due to the agent until
considered to be impossible when such person does
the completion of such act (Sec.219).
anything which renders it impossible that he should
so act within any definite time, or otherwise than 21. 2. A agent may retain out of any sums received on
account of the principal in the business of agency, or
under future contingencies (Sec.34).
all money due to himself respect of advance made or
17. 4. Contingent contract to do or not to do anything, if
expenses properly incurred by him in conducting such
a specified uncertain event happens within a fixed
business and also such remuneration as may be
time, become void if the event doesn’t happen or it
happening becomes impossible before the expiry of payable to him for acting as agent (Sec.217).
22. 3. the absence of any contract to the contrary, the
that time. Contingent contract to do or not to do
agent is entitled to particular lien i.e., right to retain
anything, if a specified uncertain event happens
goods, papers (documents) and other property,
within a fixed time, may be enforced if the event
whether movable or immovable, of the principal
doesn’t happen or it happening becomes impossible
received by him, until the amount due to himself for
before the expiry of that time (Sec.35).
commission, disbursements and services in respect of
the same has been paid or accounted for him 38. AGENCY BY RATIFICATION• Ratification is a
(Sec.221). kind of affirmation or approval of a previous
23. 4. Under certain circumstances, an agent can stop the unauthorized act or acts relating to a contract.
goods in transit. 39. TERMINATION OF AGENCY
24. 5. The employer of an agent is bound to idemnity him 40. Agency may be terminated in the same manner as any
against the consequences of all lawful acts done by other contract: • By the operation of law• By the acts
such agent in exercise of authority conferred upon of the parties
him. (Sec.222). 41. Termination of agency by acts of the parties
25. 6. The principal must pay compensation to his agent 42. 1. By agreement between principal and agent
in respect of injury caused to such agent by the 43. 2. By revocation of the agent’s authority by the
principal’s neglect or want of skill (Sec.225). principal
26. Duties of an Agent: 44. 3. By renunciation of business by the agent
27. 1. To follow the instructions of the principal. 45. 17. Termination of agency by operating of law
28. 2. To work with reasonable skill and diligence. 46. 1. By performance of the contract of agency
29. 3. To render proper accounts. 47. 2. By efflux of time
30. 4. To communicate with the principal in difficult 48. 3. By death or insanity of the agent or principal
situations. 49. 4. By the insolvency of the principal and in some cases
31. 5. Not to deal on his own account.6. To pay all sums. that of the agent
 6Not to set up adverse title. • 50. 5. By the destruction of the subject matter of agency
 7 Not to delegate his authority 51. 6. Where the principal or the agent is an incorporated
 8 Not to use agency information against Principal. company by its dissolution
 9 Agent’s duty on termination of agency by 52. 7. By the principal becoming an alien enemy
principal’s death or insanity. 53. . Effect of Termination As between the principal and
 10 Not to put himself in position where interest and the agent
duty conflict. 54. , termination of agency is effective only when it
32. Misrepresentation and fraud by Agents: becomes known to the agent, but so far as third
33. Misrepresentation made or frauds committed, by parties are concerned, termination of agency takes
agents acting in the course of their business for their effect when it is known to them
principals have the same effect on agreements made 55. Irrevocable agency
by such agents as if such misrepresentations or frauds 56. When a agency cannot be terminated is said to be an
had been made or committed by the principals. But irrevocable agency Circumstances when the agency is
misrepresentation made, or frauds committed, by irrevocable Where the agent When the agency Where
agents, in matters which do not fall within the scope the agent has partly is coupled with has incurred a
of authority, do not affect their principal (Sec.238). exercised his interest personal liability authority
Money received by agent by playing fraud on third 57. Power of Attorney
person: Where an agent received the money from the 58. A Power of Attorney is an instrument or a deed by
third person by fraud and paid it to the principal, the which a person is empowered to act for and in the
third cannot sue the principal unless the latter aware name of the person executing it. The person executing
of the fraud or had means of knowing that it was the the deed is known as the Principal or donor and the
third person’s money. one in whose favour it is executed is the agent, or the
34. Implied Agency: Includes power agent or the power of attorney agent
35. A. Agency by estoppel: An agency may be implied
from the conduct of the parties, though no express BAILMENT
authority has been given.
36. B. Agency by holding out: Where a person permits 1. BAILEE AND BAILOR
another by a long course of conduct to pledge his BAILEE A person with whom some article is left, who
credit for certain purposes, he is bound by the act of is responsible for the safe return of the article to the
such person in pledging his credit for similar owner when the contract is fulfilled. These can include
purposes. banks storage companies where furniture or files are
37. C. Agency by necessity: sometimes extraordinary deposited, a parking garage, or a kennel or horse
circumstances require that a person who is not really ranch where a nimal is boarded.
an agent should act as an agent of another. 2. BAILOR One who places control over or possession
of pers onal property in the hands of another, a bailee,
for its ca re, safekeeping, or use, in accordance to the and ordinary expenses.  In case where bailer has
terms of given goods with defective title and bailee, therefore,
3. BAILMENT Process of placing personal property or comes across suffering, then such bailee has right to
goods in the temporary custody or control of another. get compensated by defective titled bailer.
For a valid bailment, it is necessary that bailee must 16.  Bailee has right of indemnity, for making
have actual physical control of the property with the involvement in bailment Contract, bailer can make
intent to possess it. The bailee is generally not entitled bailee answerable.  Bailee has right of lien. It is only
to the use of the property during his possession. A particular lien. That means he can exercise right of
bailor can demand for return of the property at any lien against those goods only on which amount is due.
time.  Bailee can return the goods to any one of the joint
4. DUTIES OF A BAILEE owners.  In times of need Bailee has right to
5. 1. Care of Goods It is the duty of the bailee that he approach Court of law
should take as much care of the goods as a man of
ordinary prudence takes care about his own goods.
6. 2. Act According The Bailment Any act of the bailee
Duties of a bailor
should not be against the conditions of the contract.
Otherwise contract will be voidable at the option of
Duties of a bailor are as follows:
the bailor.
7. 3. Mixing is Not Allowed It is the duty of the bailee
that he should keep the bailor goods separate from his 1. It is the duty of a bailor to disclose all faults. If bailor
own goods. If he mixed without the consent of the fails to disclose such faults then he will be responsible
bailor then he himself will bear the expenses of for the damage caused to goods or loss suffered by the
separation and loss. bailee.
8. 4. Should Not Deny The Title It is the duty of the
bailee that he should not deny or change the title of 2. Also, the bailor is under the duty to pay the
the bailor about the ownership of goods. extraordinary expenses incurred by the bailee for such
9. 5. Default of Responsibility It is the duty of the bailee bailment.
that he should not deny or change the title of the
bailor about the ownership of goods. 3. It is the duty of the bailor to accept the goods after the
10. 6. Return of Goods It is the duty of the bailee to return purpose for which such goods were bailed is
or deliver the goods bailed according to the bailors accomplished.
conditions.
11. 7. Return at Proper Time It is the duty of the bailee 4. It is the duty of the bailor to indemnify the bailee for
that he should return the goods bailed as the time or the cost incurred due to the defective title of goods
purpose of bailment completes without the demand of bailed to the bailee.
the bailor.
12. 8. Return of Profit It is also the duty of the bailee that Surety
he should deliver the profit or any increase occurred
in the bailed goods to the bailor. Surety: A surety is a person giving a guarantee in a
13. 9. Proper Use of Goods It is the duty of the bailee that contract of guarantee. A person who takes responsibility
he should use the goods according the conditions of to pay a sum of money, perform any duty for another
the contract. If he misuses the goods then he will person in case that person fails to perform such work.
compensate the loss to the bailor.
14. RIGHTS OF THE BAILEE  Bailee has right to Surety’s Liability
claim compensation for injuries arising out of faults
present in goods, If it is gratuitous bailment, bailee
the liability of a surety is co-extensive with that of
can make bailer answerable with regard to known
principal debtor’s unless the contract provides.
faults only. But not to un-known faults. In case of
Non-gratuitous bailment bailee can make bailer
answerable to known as well as un-known faults. Liability of surety is same as that of the principal
15.  Bailee has right to claim contribution for expenses. debtor. A creditor can directly proceed against the
If it is Gratuitous bailment, bailee can claim only surety. A creditor can sue the surety directly without
extraordinary expenses. But in case of Non- sueing principal debtor. Surety becomes liable to make
Gratuitous bailment, bailee can claim both ordinary
payment immediately when the principal debtor makes Suppose a person A agrees to pay a sum of Rs. 10,0000
default in such payment. to a person B for an antique chair. This contract would
be valid, the only problem is that person B is a minor
and can’t legally enter a contract.
However, primary liability to make payment is of the
principal debtor, surety’s liability is secondary. Also,
where the principal debtor cannot be held liable for any Void Agreement
payment due to any defect in documents, then surety is
also not responsible for such payment. A void agreement definition would be an agreement
with no legal value. Legally, a void agreement means
the contract or agreement is no longer enforceable.3
min read
A void agreement definition would be an agreement
Discharge of a surety or contrac with no legal value. Legally, a void
agreement means the contract or agreement is no
 By giving notice of revocation for future transactions longer enforceable. While precise definitions vary by
(section 130). jurisdiction, void agreements are generally
categorized as being void from the beginning and
 In case of death of surety, the guarantee is revoked for were never valid at any point. On the other hand, void
all the future transactions (section 131). contracts are generally defined to have been valid at
one time, but are now invalid. However, despite those
 When there is a change in terms and condition of the precise definitions existing, the terms are most often
contract between the creditor and principal debtor used interchangeably.
without obtaining the consent of surety. The surety
will be discharged of all the transactions taking place
after such change in terms and condition (section 133).
For example – Q rents his house to R at a fixed rent, P What is a Breach of Contract?
becomes surety for rent payable by R to Q. R and Q
agree on a higher rent for which they do not obtain P’s
A business contract creates certain obligations that
consent. In such a case P will be discharged as a surety
are to be fulfilled by the parties who entered into the
after such change in contract.
agreement. Legally, one party's failure to fulfill any of
 In case the creditor releases the debtor or makes any its contractual obligations is known as a "breach" of
omission due to which results in the discharge of the contract. Depending on the specifics, a breach can
principal debtor’s liability (section 134). occur when a party fails to perform on time, does not
perform in accordance with the terms of the
 When the principal debtor makes payment of debt. agreement, or does not perform at all.

 When the creditor enters into an arrangement with Consequences of Breach of Contract in General
the principal debtor for not to sue him or to provide
extra time for payment of debt, the surety will be When one of the parties fails to perform its
discharged (section 135). contractual obligations, such party is in breach of
contract and the other party has a right to demand
 The surety will be discharged when the creditor does
the fulfillment of the agreement and to demand
any act which is inconsistent with the rights of surety.
performance of those obligations with the help of the
authorities. However, it is not always possible or even
Voidable Contract viable from the point of view of the damaged party to
demand that the other party perform the original
These types of Contracts are defined in section 2(i) of contract. It may be better to demand other
the Act: “An agreement which is enforceable by law at consequences.
the option of one or more of the parties thereto, but not
at the option of the other or others, is a voidable The consequences of a breach of contract vary and are
contract.” This may seem difficult to wrap your head dependent on which party is in breach of its
around but consider the following example: obligations. Naturally, the seriousness of the breach
also affects the consequences. The common
consequence is reduction of the contract price, performance may be used as a remedy for breach of
remedy of the defect, compensation for damage and contract if the subject matter of the agreement is rare
interest for delay. It is only possible to rescind the or unique, and damages would not suffice to place the
contract when the breach is fundamental. non-breaching party in as good a position as they
would have been had the breach not occurred.
The parties may also agree on the consequences of the
breach of agreement when making a contract or Cancellation and Restitution
separately. It might be reasonable to agree on
liquidated damages for delay for example. See more A non-breaching party may cancel the contract and
about the liquidated damages in paragraph sue for restitution if the non-breaching party has
given a benefit to the breaching party. "Restitution"
Remedies for a Breach of Contract as a contract remedy means that the non-breaching
party is put back in the position it was in prior to the
When an individual or business breaches a contract, breach, while "cancellation" of the contract voids the
the other party to the agreement is entitled to relief contract and relieves all parties of any obligation
(or a "remedy") under the law. The main remedies under the agreement.
for a breach of contract are:
Acceptance
1. Damages,
2. Specific Performance, or The Contract Act 1872 defines acceptance in Section 2
3. Cancellation and Restitution (b) as “When the person to whom the proposal has been
made signifies his assent thereto, the offer is said to be
Damages accepted. Thus, the proposal when accepted becomes a
promise.”
The payment of damages -- payment in one form or
another -- is the most common remedy for a breach of
contract. There are many kinds of damages, including So as the definition states, when the offeree to whom
the following: the proposal is made, unconditionally accepts the offer
it will amount to acceptance. After such an offer is
1. Compensatory damages aim to put the non-breaching accepted the offer becomes a promise.Say for example
party in the position that they had been if the breach
had not occurred. A offers to buy B’s car for rupees two lacs and B
2. Punitive damages are payments that the breaching accepts such an offer. Now, this has become a
party must make, above and beyond the point that promise.When the proposal is accepted and it becomes
would fully compensate the non-breaching party. a proposal it also becomes irrevocable. An offer does
Punitive damages are meant to punish a wrongful not create any legal obligations, but after the offer is
party for particularly wrongful acts, and are rarely accepted it becomes a promise. And a promise is
awarded in the business contracts setting. irrevocable because it creates legal obligations between
3. Nominal damages are token damages awarded when a parties. An offer can be revoked before it is accepted.
breach occurred, but no actual money loss to the non- But once acceptance is communicated it cannot be
breaching party was proven. revoked or withdrawn.
4. Liquidated damages are specific damages that were
previously identified by the parties in the contract
itself, in the event that the contract is breached. Rules regarding Valid Acceptance
Liquidated damages should be a reasonable estimate
of actual damages that might result from a breach. 1] Acceptance can only be given to whom the offer was
made
Specific Performance
In the case of a specific proposal or offer, it can only be
If damages are inadequate as a legal remedy, the non- accepted by the person it was made to. No third person
breaching party may seek an alternative remedy without the knowledge of the offeree can accept the
called specific performance. Specific performance is offer.Let us take the example of the case study of
best described as the breaching party's court-ordered Boulton v. Jones. Boulton bought
performance of duty under the contract. Specific
Brocklehurst’s business but Brocklehurst did not manner after the offer has been accepted in another
inform all his creditors about the same. Jones, a manner, it will be presumed he has consented to such
creditor of Brocklehurst placed an order with him. acceptance. So, A offers to sell his farm to B for ten
Boulton accepted and supplied the goods. Jones refused lakhs. He asks B to communicate his answer via post.
to pay since he had debts to settle with Brocklehurst. It B e-mails A accepting his offer. Now A can ask B to
was held that since the offer was never made to Boulton, send the answer through the prescribed manner. But if
he cannot accept the offer and there is no contract. A fails to do so, it means he has accepted the acceptance
of B and a promise is made.

When the proposal is a general offer, then anyone with


knowledge of the offer can accept it. 5] Implied Acceptance

Section 8 of the Contract Act 1872, provides that


2] It has to be absolute and unqualified acceptance by conduct or actions of the promisee is
acceptable. So if a person performs certain actions that
Acceptance must be unconditional and absolute. There communicate that he has accepted the offer, such
cannot be conditional acceptance, that would amount to implied acceptance is permissible. So if A agrees to buy
a counteroffer which nullifies the original offer. Let us from B 100 bales of hay for 1000/- and B sends over the
see an example. A offer to sell his cycle to B for 2000/-. goods, his actions will imply he has accepted the offer.
B says he accepts if A will sell it for 1500/-. This does not
amount to the offer being accepted, it will count as a
counteroffer. Also, it must be expressed in a prescribed ESSENTIAL ELEMENTS OF A VALID
manner. If no such prescribed manner is described then CONTRACT
it must be expressed in the normal and reasonable
manner, i.e. as it would be in the normal course of 1. . All Contracts are agreements but all agreements
business. Implied acceptance can also be given through are not contracts. Only that agreements which is
some conduct, act, etc. However, the law does not allow enforceable by law is a contract. An agreement, to
silence to be a form of acceptance. So, the offeror cannot be enforceable by law, must posses the essential
say if no answer is received the offer will be deemed as elements of a valid contract as contained in section 10
accepted. of the Indian Contract Act.  According to Section 10,
"All agreements are contract if they are made by the
3] Acceptance must be communicated free consent of the parties, competent to contract, for
a lawful consideration and with a lawful object and
are not expressly declared to be void.
For a proposal to become a contract, the acceptance of
2. The essential elements of a valid contract are:
such a proposal must be communicated to the
3. 1. Proper Offer and Proper Acceptance. In order to
promisor. The communication must occur in the
create a valid contract, there must be a 'lawful offer'
prescribed form, or any such form in the normal course
by one party and 'lawful acceptance' of the same by
of business if no specific form has been prescribed.
the other party. Section 2 (a) of the Contract Act
Further, when the offeree accepts the proposal, he must
defines Offer as – ‘when one person signifies to
have known that an offer was made. He cannot
another his willingness to do or to abstain from doing
communicate acceptance without knowledge of the
anything, with a view to obtaining the assent of that
offer. So, when A offers to supply B with goods, and B
other to such act or abstinence, he is said to make an
is agreeable to all the terms. He writes a letter to accept
offer'. Section 2 (b) of the Contract Act states that,
the offer but forgets to post the letter. So, since the
‘when the person to whom the offer is made signifies
acceptance is not communicated, it is not valid.
his assent there to, the offer is said to be accepted.
4. 2. Intention to Create Legal Relationship. In case,
4] It must be in the prescribed mode there is no such intention on the part of parties, there
is no contract. Agreements of social or domestic
Acceptance of the offer must be in the prescribed nature do not contemplate legal relations. Case: -
manner that is demanded by the offeror. If no such Balfour vs. Balfour (1919) Mr. Balfour and his wife
manner is prescribed, it must be in a reasonable went to England for a vacation, and his wife became
manner that would be employed in the normal course ill and needed medical attention. They made an
of business. But if the offeror does not insist on the agreement that Mrs. Balfour was to remain behind in
England when the husband returned to Ceylon (Sri
Lanka) and that Mr. Balfour would pay her £30 a would defeat the provision of any law; (c) it is
month until she returned. This understanding was fraudulent; (d) it involves an injury to the person or
made while their relationship was fine; however, the property of any other; (e) the court regards it as
relationship later soured. The lower court found that immoral or opposed to public policy.
there was sufficient consideration in the consent of 9. 7. Certainty of Meaning. According to Section
Mrs. Balfour and thus found the contract binding, 29,"Agreement the meaning of which is not Certain
which Mr. Balfour appealed. Arrangements made or capable of being made certain are void.“ For e.g. :
between husbands and wives are not generally A agree to sell to B a 100 ton of oil, there is nothing to
contracts as the parties do not intend to be legally show what kind of oil intended, the agreement is void
bound by the agreements. due to the absence of certainty. But if A is dealer of
5. 3.Lawful Consideration. At the desire of promise, coconut oil only agree to sell B,100 ton of oil, the
promisee or any other person has done or abstain nature of A’s trade is sufficient to show the kind of oil,
from doing or does abstain from doing such act or and this will be a valid contract.
promises is known as consideration. According to 10. 8. Possibility of Performance. Condition for a contract
Blackstone "Consideration is recompense given by should be capable for performance .If the act is
the party contracting to another." In other words of impossible in itself, physically or legally, if cannot be
Pollock, "Consideration is the price for which the enforced at law. For example: If A and B makes an
promise of the another is brought." Consideration is agreement that if B encloses a space with the help of
known as quid pro-quo or something in return. It may two straight lines then A will pay him Rs. 1000
be cash, kind, act or abstinence and may be in past, otherwise B will be liable for paying Rs. 500 to A.
present or future. It should be unlawful, immoral and RESULT: This is an impossible work. Two straight
against the public policy. lines can not enclose a space , hence contract is not
6. 4. Competent of parties. The parties to an agreement valid.
must be competent. If either of the parties does not 11. 9. Not Declared to be void or Illegal. The agreement
have the ability to contract, the contract is not valid. though satisfying all the conditions for a valid
According to the following persons are incompetent to contract must not have been expressly declared void
contract. (a) Minor: A person less than age of 18 is by any law in force in the country. Agreements
minor. (b) Unsound mind person: Any person who is mentioned in Section 24 to 30 of the Act have been
unable to understand the term and condition of expressly declared to be void. For example
contract at the time of its formation is unsound mind. agreements in restraint of trade, marriage, legal
(c) persons disqualified by law to which they are proceedings etc. That is : If A is not willing to marry
subject. with B, law can not enforce him/her.
7. 5. Free Consent. 'Consent' means the parties must 10. Legal Formalities. An oral Contract is a perfectly
have agreed upon the same thing in the same sense. valid contract, expect in those cases where writing,
According to Section 14, Consent is said to be free registration etc. is required by some statute. In India
when it is not caused by- (1) Coercion (2) Undue writing is required in cases of sale, mortgage, lease
influence (3) Fraud (4) Mis-representation (5) and gift of immovable property, negotiable
Mistake. An agreement should be made by the free instruments; memorandum and articles of association
consent of the parties. of a company, etc. Registration is required in cases of
8. 6. Lawful Object. The object of an agreement must documents coming within the scope of section 17 of
be valid. Object has nothing to do with consideration. the Registration Act. All the elements mentioned
It means the purpose or design of the contract. Thus, above must be in order to make a valid contract. If
when one hires a house for use as a gambling house, any one of them is absent the agreement does not
the object of the contract is to run a gambling house. become a contract.
The Object is said to be unlawful if- (a) it is forbidden
by law; (b) it is of such nature that if permitted it
DIFFERENCE BETWEEN A WAGER AND A CONTINGENT CONTRACT

WAGER CONTRACT 1. CONTINGENT CONTRACT

1.THERE ARE MUTUAL PROMISES. 1. IT IS NOT NECESARRY THAT THERE SHOULD


BE MUTUAL PROMISE.

2. 2THE PARTIES MUST CONTEMPLATE 3. 2)THE FUTURE EVENT IS MERELY


DETERMINATION OF UNCERTAIN COLLATERAL OR INCIDENTAL TO THE
EVENT AS SOLE CONDITION OF THEIR CONTRACT.
CONTRACT.

3) NEITHER PARTIES INTENDS TO PERFORM .3) THE PARTIES INTEND TO PERFORM THEIR
THE CONTRACT ITSELF RESPECTIVE OBLIGATIONS.

4) THESE CONTRACTS ARE VOID UNDER 4) THESE ARE GOOD UNLESS THEY ARE DECLARED BY
SECTION 30 OF THE INDIAN CONTRACT ACT. LAW TO BE BAD.

5) THE PARTIES HAVE NO OTHER INTERSET 5) THE PARTIES HAVE INTERST IN THE OCCURRENCE
IN THE OCCURRENCE OR NON-OCCURRENCE OR NON-OCCURRENCE.
OF THE EVENT.

6) THERE IS A SENSE OF CONTINGENCY. 59. 6) THERE IS NO SENSE OF WAGERING.

You might also like